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Manicmechnic · Joined: 12 Jan 2005 Posts: 197 Location: Enfield CT. USA

395.15 Auto on board recording device?
After reading a question by "belpre122" http://www.classadrivers.com/phpBB2/viewtopic.php?t=33359

And referencing my hand book and looking online any in cab GPS used to track location and "HOS" is illegal. Unless that GPS was used for directions.
With that being siad how do you ask officially without putting a noose around your neck?

kc0iv · Joined: 03 Feb 2005 Posts: 1098 Location: Kansas City, MO

Manicmechnic wrote: 395.15 Auto on board recording device?
After reading a question by "belpre122" http://www.classadrivers.com/phpBB2/viewtopic.php?t=33359

And referencing my hand book and looking online any in cab GPS used to track location and "HOS" is illegal. Unless that GPS was used for directions.
With that being siad how do you ask officially without putting a noose around your neck?

I'd be interested where you found it was illegal for a "GPS" to track location. "HOS" is another matter. To my knowledge there are at least two systems that meets the requirements and are in use.

kc0iv

countryhorseman · Posted: Fri Apr 11, 2008 4:01 pm Post subject:

I have to agree! GPS tracking is by no means illegal, especially when it comes to high value and haz-mat loads! Also, using the GPS data, to compare hand written log books is also valid, in fact, the FMCSA uses company Qual-comm records all the time when doing audits! They also encourage companies to use this data!

No using GPS data solely for HOS, now that could be a problem! Without one of the two systems KC0IV mentioned!

got mud? · Joined: 27 May 2006 Posts: 243

Manicmechnic wrote: 395.15 Auto on board recording device?
After reading a question by "belpre122" http://www.classadrivers.com/phpBB2/viewtopic.php?t=33359

And referencing my hand book and looking online any in cab GPS used to track location and "HOS" is illegal. Unless that GPS was used for directions.
With that being siad how do you ask officially without putting a noose around your neck?

does the company consistently give you loads that you can't really get done legally? if so I think you have your answer. Many companies will grand stand about running legal and all that but really its just them covering their butt. they say run legal then they wink and give you a load you could never get done legally. its all part of the game.

Jay B · Joined: 29 Aug 2007 Posts: 152 Location: check your mirrors

[/quote]

does the company consistently give you loads that you can't really get done legally? if so I think you have your answer. Many companies will grand stand about running legal and all that but really its just them covering their butt. they say run legal then they wink and give you a load you could never get done legally. its all part of the game.[/quote]

Always use the Qualcomm to tell company you do not have the hours available to make a delvery or pick up time and give them your legal ETA.

Manicmechnic · Joined: 12 Jan 2005 Posts: 197 Location: Enfield CT. USA

kc0iv wrote: Manicmechnic wrote: 395.15 Auto on board recording device?
After reading a question by "belpre122" http://www.classadrivers.com/phpBB2/viewtopic.php?t=33359

And referencing my hand book and looking online any in cab GPS used to track location and "HOS" is illegal. Unless that GPS was used for directions.
With that being siad how do you ask officially without putting a noose around your neck?

I'd be interested where you found it was illegal for a "GPS" to track location. "HOS" is another matter. To my knowledge there are at least two systems that meets the requirements and are in use.

kc0iv 395.15 Auto on board recording device. It don't say GPS but it is recording and it is on board. My question is where can I get a DOT, FMCA an official ruleing????? And I don't want to give my CDL# or the Company I work info to the DOT, FMCA.

flood · Joined: 16 Jan 2007 Posts: 557 Location: tennesse

�395.15 Automatic on board recording devices.

(a) Authority to use automatic on-board recording device.

(a)(1) A motor carrier may require a driver to use an automatic on board recording device to record the driver's hours of service in lieu of complying with the requirements of �395.8 of this part.

(a)(2) Every driver required by a motor carrier to use an automatic on board recording device shall use such device to record the driver's hours of service.[/b

(b)(1) Automatic on board recording devices shall produce, upon demand, [b]a driver's hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the drivers' starting time at the beginning of each day

doesn't say anything about gps tracking

thebaldeagle655 · Joined: 27 Dec 2006 Posts: 278 Location: Wichita Falls, Tx

Not really sure where you are going with this, you might want to ask your actual question instead of beating around the bush.

A GPS is not an On Board Recording Device as defined by FMCSA in any shape form or fashion although the OBRD's do have GPS in them. YES, they do have the legal right to monitor where you are, how fast you are driving, how long you are driving, or anything else a gps can show and to match it to the logs you turn in. Many companies use Qualcom and the Qualcom log can and is used by DOT in their audits to confirm logs.

kc0iv · Joined: 03 Feb 2005 Posts: 1098 Location: Kansas City, MO

Manicmechnic wrote: kc0iv wrote: Manicmechnic wrote: 395.15 Auto on board recording device?
After reading a question by "belpre122" http://www.classadrivers.com/phpBB2/viewtopic.php?t=33359

And referencing my hand book and looking online any in cab GPS used to track location and "HOS" is illegal. Unless that GPS was used for directions.
With that being siad how do you ask officially without putting a noose around your neck?

I'd be interested where you found it was illegal for a "GPS" to track location. "HOS" is another matter. To my knowledge there are at least two systems that meets the requirements and are in use.

kc0iv 395.15 Auto on board recording device. It don't say GPS but it is recording and it is on board. My question is where can I get a DOT, FMCA an official ruleing????? And I don't want to give my CDL# or the Company I work info to the DOT, FMCA.

I think you are way of bases on your concept on auto-recording devices. If I wanted to know I would simply call the D.O.T.

If you don't want to give your name have your lawyer explain it to you.

kc0iv

Fozzy · Joined: 02 Sep 2005 Posts: 2460

Manicmechnic · Joined: 12 Jan 2005 Posts: 197 Location: Enfield CT. USA

thebaldeagle655 wrote: Not really sure where you are going with this, you might want to ask your actual question instead of beating around the bush.

A GPS is not an On Board Recording Device as defined by FMCSA in any shape form or fashion although the OBRD's do have GPS in them. YES, they do have the legal right to monitor where you are, how fast you are driving, how long you are driving, or anything else a gps can show and to match it to the logs you turn in. Many companies use Qualcom and the Qualcom log can and is used by DOT in their audits to confirm logs. I don't have a problem with XATA, Qualcom or other that comply to 395.15
(b)(1) Automatic on board recording devices shall produce, upon demand, a driver's hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the drivers' starting time at the beginning of each day.

(b)(2) The device shall provide a means whereby authorized Federal, State, or local officials can immediately check the status of a driver's hours of service. This information may be used in conjunction with handwritten or printed records of duty status, for the previous 7 days.

(i) Performance of recorders.
(i)(4) The automatic on-board recording device warns the driver visually and/or audibly that the device has ceased to function.

It is the "SNITCH BOX" I have a problem with. If they start handing out tickets and shorting my pay.
:roll:

Manicmechnic · Joined: 12 Jan 2005 Posts: 197 Location: Enfield CT. USA

Fozzy wrote:
I don't care if they follow or observer me. I have nothing to hide. BUT If they start handing out tickets and shorting my pay. I Say NO to SNITCH BOX.
Federal Legislation

(H.R. 4908 and S. 2898) requires employers to notify all new employees when they are hired as to the electronic monitoring policy of the company. his notice must be renewed annually and when there is a change in the company policy. The notification must be concise as to the type, frequency, method and use of the monitoring. Employees have the right to sue their employers for a violation and can collect damages per employee and per incident.

DaveP

got mud? wrote: Manicmechnic wrote: 395.15 Auto on board recording device?
After reading a question by "belpre122" http://www.classadrivers.com/phpBB2/viewtopic.php?t=33359

And referencing my hand book and looking online any in cab GPS used to track location and "HOS" is illegal. Unless that GPS was used for directions.
With that being siad how do you ask officially without putting a noose around your neck?

does the company consistently give you loads that you can't really get done legally? if so I think you have your answer. Many companies will grand stand about running legal and all that but really its just them covering their butt. they say run legal then they wink and give you a load you could never get done legally. its all part of the game.

Oh?

I thought my my dispatcher had a nervous condition or something....

His eye is constantly twitching.

Fozzy · Joined: 02 Sep 2005 Posts: 2460

Manicmechnic wrote: Fozzy wrote:
I don't care if they follow or observer me. I have nothing to hide. BUT If they start handing out tickets and shorting my pay. I Say NO to SNITCH BOX.
Federal Legislation

(H.R. 4908 and S. 2898) requires employers to notify all new employees when they are hired as to the electronic monitoring policy of the company. his notice must be renewed annually and when there is a change in the company policy. The notification must be concise as to the type, frequency, method and use of the monitoring. Employees have the right to sue their employers for a violation and can collect damages per employee and per incident.

A company cannot give you a ticket for anything... and how can they short your pay when electronically you (the truck) is and depending on the software package they use can pay you electronically for everything even before they physically get the paperwork that they used to have to have before they could pay? This place I work for has gone from alley Oop to Buck Rogers in the last 6 months and its done nothing but make life easier on everyone...

Skywalker · Posted: Tue Apr 15, 2008 3:52 pm Post subject:

395.15 has zero to do with GPS tracking systems. It merely outlines all the parameters that have to be met for a company to be able to use "electronic logbooks" instead of paper ones. Thats all. Unless you work for Werner or one of the ones that use them....its a non-issue.

As far as tracking the truck via GPS.....most carriers do it. Its an automatic thing. Our trucks are pinged about every 45 minutes or so. Its their right to do so...they own the truck trailer and the freight.

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